Essentially, “special inquiry” proceedings give prosecutors a
way to bring potential evidence before a judge for review, as
investigators probe whether there is probable cause to charge
someone with a crime.

It’s kind of like the process for obtaining a search warrant,
but, as Johnson points out in the story, it doesn’t require sworn
statements “or a finding of probable cause that a crime has been
committed.” Furthermore, search warrants generally become a matter
of public record — but special inquiry proceedings rarely, if ever,
do (Johnson’s story points out one instance where they have).

After reading his
story, I called Kitsap County Prosecutor Russ Hauge to find out
if the special inquiry process was used here. I had noticed, in my
years as courts reporter, the phrase “special inquiry” written on
charging documents but never knew what it meant.

Hauge told me that the “special inquiry” use is not uncommon in
Kitsap. He said that at any given time, there are 10 or so pending,
mainly to seek financial records.

He said that while the process is a secret, it is overseen by a
judge, and, if prosecutors find no evidence of wrongdoing, nothing
goes public — and thus there’s no risk to the reputation of the
person investigated.

Prosecutors who use them say the proceedings are authorized by
state law, make for more efficient investigations and have plenty
of judicial oversight, but (a lawyer contesting the process) and
other defense attorneys say they raise questions about privacy,
accountability and the open administration of justice.

Hauge said the proceedings are based in the grand jury system,
but — as authorized by lawmakers in 1971 — without the grand jury.
There is judicial oversight and “It maintains all of the
protections,” given to its witnesses and potential targets.

And where did the idea for these proceedings come from?
Organized crime, as it turns out. From Johnson’s
story:

The special inquiry law was a response to a corruption scandal
involving the Seattle police, including the former chief, and the
former King County prosecutor. When Chris Bayley was elected King
County prosecutor, he organized a grand jury to investigate.

Dave Boerner, a semi-retired Seattle University criminal law
professor, was a deputy King County prosecutor then. He recalled
that the grand jury was cumbersome, slow and expensive, and he
joined his boss in urging lawmakers to adopt a new type of
proceeding — the special inquiries.